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NAVY | BCNR | CY2010 | 02693-10
Original file (02693-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 2693-10
4 October 2010

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This is in reference to your application for correction of your

naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.

You requested reconsideration of your previous application,
docket number 9307-08, to modify the fitness report for 1 to 8
January 2007 by removing or amending the section I (reporting
senior’s ‘Directed and Additional Comments”) comment “using his
government cell phone to contact a woman, who was not his
‘spouse, on multiple occasions in a social manner.” This
application was denied on 27 January 2009. As you have
provided no new and material evidence or other matter
concerning this application, it was not reconsidered. You also
made a new request to modify the fitness reports for 21 October
2005 to 31 December 2006, 1 to 8 January 2007 and 9 January to
26 March 2007 by changing the entries in section A, items 8.e
(“WT [Weight]”) and 8.f (“Body Fat”).

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 September 2010. Your allegations of error
and injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of
this Board. Documentary material considered by the Board
consisted of your application, together with all material
submitted in support thereof, your naval record and applicable
statutes, regulations and policies. The Board also considered
the report of the Headquarters Marine Corps Performance
Evaluation Review Board (PERB), dated 30 August 2010, a copy of
which is attached.

After careful and conscientious consideration of. the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. In this connection, the Board
substantially concurred with the report of the PERB.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.

It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to
have the Board reconsider its decision upon submission of new
and material evidence or other matter not previously considered
by the Board. In this regard, it is important to keep in mind
that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an
official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.

Sincerely,

 

 

 

 

Enclosure

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